Welcome to the January 2018 edition of the Real Estate Bulletin In this edition we update you on recent decisions and legal developments affecting the property industry:

  • A Court of Appeal decision considers when it is possible to use a right of way that benefits one plot of land to access an adjoining plot of land despite the adjoining land not having the express benefit of the right
  • The Tribunal shows its willingness to modify restrictive covenants to allow development of a private residence
  • A decision in the High Court acts as a stern reminder of the Court's unwillingness to imply terms into a contract, even if such a term makes commercial sense
  • Relief for landlords as the High Court rules that a tenant cannot release a right to light benefitting the property demised by the lease
  • The High Court considers the type of injunctions it is prepared to grant a landowner to prohibit numerous acts of protesters against the controversial practice of fracking
  • An offshore company centrally controlled and managed by its UK parent is likely to be subject to UK corporate tax. To preserve non-UK residence, internal management reviews should be considered
  • A thank you to those of you who attended our recent seminar.

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